U.S. Work Visa Options for Dublin-Based Employers

U.S. Work Visa Options for Dublin-Based Employers

06 Jul U.S. Work Visa Options for Dublin-Based Employers

Posted at 08:00h in Business Visas, Ireland by

As CEO of a Dublin-based company, you’re spearheading the firm’s expansion to the U.S., beginning with transferring a key employee to head the operation there.

While your initial research revealed that the 1992 Ireland-U.S. Bilateral Investment Treaty determines visa eligibility rules, you’re frustrated by the apparent lack of specific, practical knowledge of the legal process as it applies to dual Irish-British nationals transferring to the U.S.

After working for months to gain board approval, and with timing a crucial factor in the success of the venture, you need help deciding which course of action fits your specific situation. 

At a glance: Dublin-based employers moving employees to the United States most often consider five U.S. work visa options: the E-2 Treaty Investor visa for Irish-owned businesses making a substantial U.S. investment; the L-1A visa for executives and managers transferring within the same corporate group; the L-1B visa for employees with specialised company knowledge; the H-1B visa for degree-level specialty roles; and the O-1 visa for individuals with sustained national or international recognition in their field.

Janice Flynn, a U.S. visa and nationality lawyer in the UK and Ireland

“As a dual U.S. and Irish citizen myself, I’ve devoted my career to helping multi-national businesses and investors navigate the complexities of the U.S. visa and immigration system.”

Janice Flynn, a U.S. visa and nationality lawyer in the UK and Ireland

Why this question is different in 2026

  • The H-1B Specialty Occupation visa has become significantly more expensive for new applicants from outside the United States. In September 2025, a Presidential Proclamation introduced a $100,000 payment requirement for certain new H-1B petitions involving beneficiaries seeking entry from outside the United States. That position changed on June 8, 2026, when a federal district court in Massachusetts ruled the fee unlawful and barred USCIS and the Department of State from enforcing it. Because the government may appeal or seek further relief, Dublin-based employers should check current USCIS and Department of State guidance before relying on H-1B planning assumptions.
  • Consular processing volumes and interview wait times have shifted noticeably since 2024, with implications for the Dublin and London visa appointment landscape.
  • The wider U.S. immigration policy environment has moved faster in the past 18 months than in any comparable period in the past decade.

The five visa routes that matter for Dublin-based employers

1. E-2 Treaty Investor Visa

  • Who it is for: An Irish national working for an Irish-nationality enterprise, generally meaning a business at least 50% owned by qualifying Irish nationals. For an E-2 employee case, the employee must generally have the same treaty nationality as the qualifying enterprise.
  • What the company must have: Irish nationality of the company (broadly, at least 50% ownership by Irish nationals), an active, real, and operating U.S. enterprise (not a passive investment), and a substantial investment proportional to the cost of the enterprise.
  • What it does not do: The E-2 does not lead directly to a green card. It is renewable indefinitely as long as the enterprise remains active and qualifying.
  • Ireland-specific note: Ireland’s E-2 eligibility derives from the 1992 Ireland-U.S. Bilateral Investment Treaty, which is a separate legal instrument from the U.S.-UK 1815 Convention of Commerce and Navigation. This distinction matters for any employee or director who holds dual Irish-British nationality. Irish citizens may be issued an E-2 visa for up to five years at a time. E-2 applications by applicants who live in Ireland are handled through the U.S. Embassy in Dublin, located at 42 Elgin Road, Ballsbridge, Dublin. Applicants should always check the Embassy’s current E-visa instructions before filing, as procedures and appointment availability can change.
  • Practical advantage over L-1: Unlike the L-1, the E-2 employee does not need to have been employed by the foreign company for at least one year prior to transfer, which can matter when a Dublin-based business needs to send a recent hire to the U.S. quickly.

2. L-1A Intracompany Transferee (Executive or Manager) Visa

  • Who it is for: Executives and managers being transferred from the Irish entity to a qualifying U.S. parent, subsidiary, branch, or affiliate.
  • Qualifying employment requirement: The employee must have been employed by the qualifying foreign entity for at least one continuous year within the three years immediately preceding the transfer, in an executive, managerial, or specialised-knowledge capacity.
  • What it does: Initial validity up to three years; extensions in two-year increments up to a maximum of seven years for L-1A. The L-1A is a recognised dual-intent visa, meaning the employee can pursue lawful permanent residence (a green card) without prejudicing the L-1 status.
  • New-office L-1A: When the Irish company is establishing a new U.S. office, a new-office L-1A petition is generally approved for an initial period of up to one year. Later extensions depend on whether the U.S. office is active and can support the executive or managerial role. can be issued initially for one year; extensions then follow on the standard L-1A schedule This is one of the most common routes for the founding executive of a newly established U.S. subsidiary.
  • Ireland-specific note: The qualifying relationship between the Irish parent and the U.S. entity must be documented carefully: ownership, control, and the absence of a break in the corporate chain are all examined. The Irish company structure (DAC, Ltd, plc) is not itself a barrier; the substantive question is the corporate relationship and the employee’s role and history.

3. L-1B Intracompany Transferee (Specialized Knowledge) Visa

  • Who it is for: Employees with specialised knowledge of the company’s products, services, research, equipment, techniques, management, or other interests, and their application in international markets, or an advanced level of knowledge or expertise in the organisation’s processes and procedures.
  • Qualifying employment requirement: The same as L-1A, at least one continuous year of qualifying employment with the foreign entity within the preceding three years.
  • What it does: Initial validity up to three years; extensions in two-year increments up to a maximum of five years for L-1B.
  • Where it fits in the Irish market: Most commonly used in Ireland for technical specialists (wind turbine engineers, pharmaceutical process engineers, data centre specialists, software architects) being deployed to U.S. clients, plants, or projects. The evidentiary bar on “specialised knowledge” has tightened in recent years; the petition needs to demonstrate genuinely company-specific expertise, not generally available industry knowledge.

4. H-1B Specialty Occupation Visa

  • Who it is for: Employees in a specialty occupation, broadly, a role that requires theoretical and practical application of a body of highly specialised knowledge, normally evidenced by at least a U.S. bachelor’s degree (or foreign equivalent) in a related field as a minimum entry requirement for the position.
  • Key structural features: Annual numerical cap of 65,000 new H-1B numbers, with an additional 20,000 available under the U.S. advanced degree exemption. Subject to a registration-and-selection process (the H-1B lottery) for cap-subject petitions. Initial validity up to three years; total stay generally capped at six years, with extensions possible in defined green-card-progression circumstances. The H-1B is often useful for specialty roles, but it is rarely the first route to assume for a Dublin-based employer if E-2 or L-1 facts are already stronger.
  • Where it still makes sense: The H-1B remains the principal U.S. visa pathway for graduate-level specialty hires who do not qualify for L-1 (insufficient qualifying employment) or O-1 (insufficient profile).

5. O-1 Extraordinary Ability Visa

  • Who it is for: Individuals with sustained national or international acclaim in the sciences, arts, education, business, or athletics (O-1A), or extraordinary achievement in the motion picture or television industry (O-1B). The O-1 is petition-based. The individual does not simply apply alone; a U.S. employer, U.S. agent, or foreign employer acting through a U.S. agent must file the petition.
  • Evidentiary standard: The applicant must satisfy a multi-criterion evidentiary standard set out in 8 C.F.R. § 214.2(o), typically by meeting at least three of a defined list of criteria either through evidence of a major recognised award or, more commonly, by satisfying at least three of the regulatory criteria: published material about them, judging the work of others, original contributions of major significance, scholarly articles authored, high salary, and so on.
  • Where it fits in the Irish market: Increasingly used for senior technologists, research scientists, and academics being moved to U.S. operations. Not a substitute for the L-1 or H-1B for the typical employee transfer, but a real and underused option for the right profile.

Visa Route Comparison

Route Typical Dublin-Based Use Key Constraint
E-2 Treaty Investor Irish-owned business with substantial U.S. investment, sending the directing investor or qualifying employees Requires Irish nationality of company and applicant; does not lead directly to a green card
L-1A (Executive / Manager) Senior Irish executives moving to a qualifying U.S. parent, subsidiary, branch, or affiliate One year qualifying employment within preceding three years; documented qualifying relationship
L-1B (Specialised Knowledge) Irish technical specialists being deployed to U.S. operations Same one-year requirement; high evidentiary bar on company-specific knowledge
H-1B (Specialty Occupation) Graduate-level specialty hires where L-1 and O-1 do not fit Annual cap and lottery; $100,000 supplemental fee on certain new petitions since September 2025
O-1 (Extraordinary Ability) Senior technologists, scientists, and academics with documented standing Demanding evidentiary criteria under 8 C.F.R. § 214.2(o)

How to choose among the visa options

Prior to getting legal advice, map your own company’s situation onto these categories.

Use this four-question framework:

  1. Does the Irish company already have a qualifying U.S. entity (parent, subsidiary, branch, or affiliate) that the employee can move into? If yes, the L-1 family is the natural starting point. If no, but a U.S. enterprise is being established by Irish investment, the E-2 or new-office L-1A both come into view.
  2. How long has the employee been with the Irish company? If less than one year of qualifying employment in the preceding three years, the L-1 routes are unavailable and attention shifts to E-2, H-1B, or O-1.
  3. Is the role at executive or managerial level, at a specialised-knowledge level, or at a graduate-specialty level? This is the question that distinguishes L-1A, L-1B, and H-1B from each other.
  4. Does the individual have a documented record of national or international standing in their field? If yes, the O-1 is worth assessing before assuming an H-1B is the only graduate-level option; the O-1 sits outside the H-1B cap and the supplemental fee.

What if none of these fits?

There are other categories that occasionally apply: the E-1 Treaty Trader visa where the U.S. activity is substantial trade rather than investment; the J-1 Exchange Visitor visa for training programmes; and the EB-1, EB-2, and EB-3 employment-based immigrant categories where the move is intended to be permanent. The right starting point depends on the role, the employee’s profile, and the company’s U.S. footprint. This is the conversation to have with counsel before a date is committed to.

E Visa Processing Through the U.S. Embassy in Dublin

1. The E Visa Unit at U.S. Embassy Dublin

For applicants who live in Ireland, E-1 Treaty Trader and E-2 Treaty Investor visa applications are generally handled through the U.S. Embassy in Dublin, located at 42 Elgin Road, Ballsbridge. The process usually involves submitting the E-visa application package for review before the visa interview is scheduled. Applicants should always check the Embassy’s current E-visa instructions before filing, as submission procedures, document requirements, and appointment availability can change.

2. Dual Irish-British nationals

The Republic of Ireland’s E-2 eligibility derives from the 1992 Ireland-U.S. Bilateral Investment Treaty. The United Kingdom’s E-2 eligibility derives from the 1815 Convention of Commerce and Navigation between the United States and the United Kingdom. These are separate instruments, and the choice of treaty (and therefore the choice of passport) can affect both eligibility analysis and consular processing. A dual Irish-British national has a strategic choice; the right answer depends on the corporate ownership picture and the applicant’s specific circumstances.

3. Residence in Ireland and the Dublin Post

Applicants must generally be resident in Ireland (or otherwise have a qualifying basis) to apply at U.S. Embassy Dublin. The embassy’s own published guidance notes that British passport holders who are resident in Ireland may not be eligible to apply for an E visa in Dublin under the 1815 Convention, because the Convention applies only to British territory in Europe (broadly, the British Isles excluding the Republic of Ireland, the Channel Islands, and Gibraltar) and to inhabitants of such territory.

What goes wrong when this is not planned properly. The three assumptions:

Assumption 1: “We will just do an H-1B.”

For many Dublin-based employers, an H-1B is neither the fastest nor the cheapest route in 2026, and the lottery dynamics and supplemental fee can derail the timeline before the employee is even selected. State this plainly and direct the reader to the L-1 and E-2 alternatives where they apply.

Assumption 2: “The employee has worked for us long enough.”

The L-1 route requires at least one continuous year of qualifying employment with the foreign entity within the relevant three-year period. A recent hire, a contractor, or an employee whose work history does not fit the L-1 rule may need a different route, such as E-2, H-1B, or O-1, depending on the facts.

Assumption 3: “We will sort the U.S. company structure later.”

The qualifying corporate relationship that supports the L-1, and the Irish-nationality-of-the-company analysis that supports the E-2, both depend on the corporate setup being right before the visa application is filed. This is the single most common reason for an otherwise reasonable case to fall over.

 

This post is for informational purposes only and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact janice@flynnhodkinson.com.

Book an initial meeting with Janice Flynn
Frequently Asked Questions

1. Can an Irish employer send an employee to the U.S. for work?

Yes, but the employee usually needs the right visa before they can work in the United States. The correct route depends on the employee’s nationality, their role, their employment history, the Irish company’s U.S. structure, and the timeline for the move.

2. Which visa is most common for an Irish company sending someone to the U.S.?

There is no single default visa. Irish employers most often look at the E-2 Treaty Investor visa, the L-1A or L-1B Intracompany Transferee visa, the H-1B Specialty Occupation visa, or, in narrower cases, the O-1 Extraordinary Ability visa. The right option depends on the facts.

3. Can an Irish founder move to the U.S. to run a new U.S. business?

Possibly. If the founder is investing in and directing a qualifying U.S. enterprise, the E-2 Treaty Investor visa may be available. If there is an Irish parent company and a qualifying U.S. entity, the L-1A New Office route may also be considered.

4. Does the employee have to be Irish?

Not always. L-1 and H-1B visas do not require Irish nationality. E-2 is different because treaty nationality matters. For an E-2 employee case, the employee and the qualifying U.S. enterprise generally need to share the same treaty nationality.

5. Can a UK employee working for an Irish company use the E-2 visa?

Not automatically. A UK national may have E-2 eligibility under the UK treaty, but the U.S. enterprise must also qualify under the same treaty nationality. If the U.S. enterprise is Irish-owned for E-2 purposes, a UK employee will not automatically qualify as an E-2 employee.

6. What is the difference between E-2 and L-1?

The E-2 is based on treaty nationality, investment, ownership, and direction of a qualifying U.S. enterprise. The L-1 is based on a qualifying relationship between the Irish and U.S. companies and the employee’s prior work for the overseas company. The L-1A is for managers and executives. The L-1B is for employees with specialised knowledge.

7. Can an Irish company send someone to the U.S. before the U.S. entity is fully operating?

Sometimes. The E-2 and L-1A New Office routes can both support a founding move in the right circumstances. But the sequencing matters. How the U.S. entity is formed, funded, owned, and staffed can affect which route is available.

8. How long does it take to send an Irish employee to the U.S.?

It depends on the visa route, the evidence, USCIS processing, consular appointment availability, and whether premium processing is available. Some routes may move in weeks. Others can take several months. H-1B cap-subject cases also follow a fixed annual calendar.

9. Can premium processing solve the timing problem?

Only partly. Premium processing can speed up USCIS adjudication for many L-1 and H-1B petitions, but it does not guarantee visa issuance and does not control consular appointment timing. It also does not change the H-1B cap calendar.

10. What is the biggest mistake Irish employers make?

The biggest mistake is treating the visa as an administrative task after the commercial decision has already been made. Immigration should be assessed before the company commits to a U.S. start date, signs a lease, announces a launch, or promises an employee relocation timeline.

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If you want to renounce your U.S. citizenship by the end of the year (December 31, 2015), we recommend that...

July 9, 2015

January 26, 2015

January 12, 2015

January 5, 2015

Yesterday, 20th November 2014 President Obama announced a series of executive actions to implement major changes in US immigration law and...

November 21, 2014

October 9, 2014

Our office received the following alert regarding the payment of US Citizenship & Immigration Services filing fees which could possibly...

April 15, 2014

Recently the headlines reported that Nigella Lawson was not allowed to board a flight to the US in Heathrow this...

April 5, 2014

The US government shut down that took affect last night will not affect the processing of visa applications at the...

October 1, 2013

July 1, 2013

June 8, 2013

Today is the first anniversary of the opening of the Law Office of Janice A. Flynn. It’s been a really...

February 1, 2013

Individuals issued US immigrant visas on or after February 1, 2013 must pay an additional $165 immigrant fee to theUS...

December 14, 2012

Jonathan Strassberg is a UK-based US commercial lawyer who advises small and medium sized businesses on businesses issues related to...

November 6, 2012

How Do I Minimize My Risk When Buying a US Business When Applying for an E-2 Treaty Investor Visa? The E-2...

September 14, 2012

The Electronic System for Travel Authorization or, “ESTA” is a fairly new system implemented in 2009 for those who wish...

August 27, 2012

Maybe you’ve been working hard all your life and you want a change. Or you may have visited the US...

August 13, 2012

In this economy more than ever companies have to keep business moving as quickly as possible. For multinational companies this...

May 8, 2012

1. There isn’t a one-size fits all US visa. Get good advice on which is the best US visa for...

April 25, 2012

E-2 visa category can be used for a whole spectrum of sizes and types of businesses from small mom and...

April 24, 2012

Its April which, in addition to April Fools Day and April Showers there is what fellow immigration lawyers call the...

April 10, 2012

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